The website Nutrition and Catering Institute www.nacinstitute.com.au and its related services, products, websites, tools and applications (including without limitation any podcasts, events, blog posts, webinars, social media and YouTube) (“Website”) is operated by Nutrition & Catering Institute Ltd CAN 624 375 864.
In these terms and conditions, the expressions we, us and our are a reference to Nutrition and Catering Institute Ltd ACN 624 375 864. A reference to “Services” means any services we provide to you, including the Website. A reference to “Loss” means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
If you use this Website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this Website. If you do not accept these terms and conditions, you must refrain from using this Website. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Intellectual property rights statement
All intellectual property rights in this Website, including in design, text, graphics, logos, icons, sound recordings and all software relating to this Website belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website for a commercial purpose, without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material. You may use the information displayed on our Website for your own education and the education of your clients only.
You acknowledge that all information contained on our Website is not intended to be a substitute for professional advice, which should be tailored to your individual circumstances. Similarly, the products and services referred to on our Website are for your information only, and we advise that you exercise your own judgment before deciding to use a product or service advertised or referred to on our Website. You acknowledge that the publication of details of goods and services on our Website does not constitute any form of endorsement by us.
Your content you provide us
You acknowledge and agree that any content you upload, post or transmit through the Services including without limitation content uploaded to the Website or provided to us via email (User Content) will remain your or your licensors property. We will not claim ownership over the User Content you provide to us. You will retain all right, title and interest in the User Content.
If any of that information is regarded as personal information, we ask that you please review our privacy policy which is also available on our Website, which sets out how we use and disclose your personal information.
In the event you provide us with any User Content:
• you grant to us an unconditional irrevocable, worldwide, perpetual, fully paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt, publish, transmit, distribute, communicate, translate, display and create derivate works of any User Content, in connection with the Services (this includes without limitation the right to use it across all mediums and authorise other Users and third parties to view, access, use, download and/or transmit your User Content). We also reserve the right to cut, crop, edit or refuse to publish your User Content;
• you grant us a royalty-free licence to use your name, image, voice and likeness (as applicable) in connection with the User Content to identify you as the User Content creator or owner;
• you warrant that you own or have the necessary licences and/or rights to post such User Content and that any User Content you provide us with will not infringe any rights of any third party (including intellectual property rights or confidentiality obligations) nor give rise to any liability to make royalty or other payments to any third party;
• you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also warrant that the third party also consents in the same manner;
• all rights granted to the User Content under these terms and conditions will also apply to third party services that are integrated with the Services;
• other Users may be able to also extract such User Content; and
• you are solely responsible for the accuracy, completeness or otherwise of any User Content and we will not be liable in any way for any User Content.
Limitations on User Content
You represent and warrant that the User Content:
• is not in breach of these terms and conditions;
• is not libellous, defamatory, unlawfully discriminatory, insulting or otherwise objectionable and you acknowledge that we will not be liable for any defamatory, offensive or illegal User Content;
• does not contain other people’s personal information without their consent;
• does not attempt to endanger minors;
• contains no inappropriate language or imagery including without limitation the following:
- sexually explicit content;
- harmful or dangerous content including content that aims to encourage dangerous or illegal activities;
- hateful content including hate speech;
- violent or graphic content including anything that may shock or disgust viewers;
- harassment, threats and cyberbullying;
- any other content we consider inappropriate at our discretion;
• abides with any user policies we make available on the Services from time to time; and
• contains no discriminatory content or other prohibited content that we make known from time to time.
We reserve the right at our discretion to modify, refuse or delete any User Content that is in breach of these terms and conditions or that we believe is not relevant, or of any value to our Services or our Users. We will not be responsible for any Loss you suffer as a result of this.
Content others provide
Other Users may also make content available for you to access on the Services. Where they do so, you acknowledge that:
• such content is not endorsed by us in anyway (except where we otherwise expressly state);
• we do not take steps to verify the accuracy, completeness or otherwise of such content and as such provide no warranty or representations of such content;
• we are not responsible for any such content;
• you are solely responsible for carrying out your own research of the content, and any decision you make to follow or not follow content is at your own risk;
• you are solely responsible for any assessment of any content; and
• you may only access and view the content for your information and personal use. You are not permitted to copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any other content without our consent or the consent of the licensors of such content.
Goodwill
You acknowledge and agree that we may increase goodwill of the Services by your use of the Services, including the submission of User Content to the Services. You acknowledge that all goodwill associated with the Services inures exclusively to our benefit and that you have no right to share in any such goodwill and no monetary amount will be assigned as attributable to any goodwill associated with your use of the Services. You have no right to monetise or obtain consideration from any User Content within the Services.
Linked websites
This Website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Secure data
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to this Website is transmitted at your own risk. If you become aware of any problems with the security of the data or the Website, please contact us immediately.
You must keep your account login and password details safe and not share your account details, let anyone else access your account or do anything that might jeopardise the security of your account.
Warnings
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Website updated. We do not accept responsibility for Loss suffered as a result of reliance by you on the accuracy or currency of information contained on this Website.
The information on this Website is not, and is not intended to be, medical advice. You should not act or refrain to act on the basis of any of the material on this Website without first satisfying yourself as to the truth or accuracy of all information given. Professional medical advice should be obtained before taking action on any issue deal with on this Website.
For the purposes of s442E of the Criminal Code (Qld), we may from time to time act as agent on behalf of any individual or organisation whose products or services are advertised on the Website, and may receive valuable consideration in exchange for the promotion of the goods or services on the Website. An advertisement of a good or service by us does not mean we endorse it.
You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
Limitation of liability
We are not liable for any Loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of this Website.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
Except as stated in the prior paragraph, nothing in these terms and conditions limits any rights you may have under the Competition and Consumer Act 2010 (Cth).
Indemnity
You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind (including legal costs), due to or arising out of:
• any breach by you of these terms and conditions;
• any breach by you of any warranty provided in these terms and conditions; and
• any claim made against us by a third party arising out of or in connection with the User Content including (without limitation) any claim made against us:
- for actual or alleged infringement of a third party’s intellectual property rights; or
- in respect of the User Content being defamatory.
The indemnities in these terms and conditions are continuing obligations and survive termination or expiry of these terms and conditions, and are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
Governing law and jurisdiction
If a dispute arises regarding these terms of use, the laws of Queensland, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If you access this Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.